License Terms for Drop-a-Note Business Edition for Joomla! 1.6, 1.7 and 2.5
END-USER LICENSE AGREEMENT FOR THE DROP-A-NOTE MODULE FOR JOOMLA! 1.6/1.7/2.5 - BUSINESS EDITION
IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THE PROGRAM PURCHASE OR INSTALL.
This license agreement is part of the Drop-a-Note Business Edition module for Joomla! 1.6/1.7/2.5, hereafter to be refered to as the SOFTWARE PRODUCT.
The Innato B.V. End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Innato B.V. for the Innato B.V. software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Innato B.V., (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed as follows:
This license is granted under the exclusive condition that the SOFTWARE PRODUCT has been legally and validly obtained from Innato B.V.
(b) Installation and Use.
Innato B.V. grants you the right to install and use copies of the SOFTWARE PRODUCT on the computer(s) and website(s) owned by you or your employer and running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed.
(c) Number of installs and uses.
You may install and use the SOFTWARE PRODUCT on a maximum of 5 (five) devices and 5 (five) websites. The above ownership conditions (b) apply at all times and for all installs and uses covered by this license.
(d) Backup Copies.
You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
(b) Distribution and transfer.
You may not distribute and may not transfer licensed copies of the SOFTWARE PRODUCT to third parties. Evaluation versions available for download from Innato B.V.'s websites may be freely distributed.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services.
Innato B.V. may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
Without prejudice to any other rights, Innato B.V. may terminate this EULA if you fail to comply with the terms and conditions of this EULA.
If this Agreement is terminated you must:
(a) Cease all use of the SOFTWARE PRODUCT.
(b) Destroy the original and all copies of the SOFTWARE PRODUCT.
(c) Permanently delete all copies of the SOFTWARE PRODUCT from the computer(s) and website(s) on which it has been installed.
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Innato B.V. or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Innato B.V.
5. NO WARRANTIES
While every effort has been made to minimise bugs and ensure the functionality of the Software, Innato B.V. expressly disclaims any warranty for the SOFTWARE PRODUCT and will not guarantee the functionality of the Software. The SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Innato B.V. does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. Innato B.V. makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Innato B.V. further expressly disclaims any warranty or representation to Authorised Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall Innato B.V. be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorised Users' use of or inability to use the SOFTWARE PRODUCT, even if Innato B.V. has been advised of the possibility of such damages. In no event will Innato B.V. be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Innato B.V. shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
Innato B.V. may from time to time make available to you updates for the SOFTWARE PRODUCT, subject to the terms and conditions of this EULA, or, in Innato’s sole discretion, Innato B.V. may make conditional release of such upgrades to you upon your acceptance of another EULA or other execution of a separate agreement. If you should elect to install updates, your use of such updates will be subject to the applicable license and the terms and conditions of this EULA.
8. APPLICABLE LAW AND DISPUTES
Any legal relationship between Innato B.V. and you ("the buyer") shall be governed by Dutch law and by the terms and conditions as defined on Innato B.V. website(s). The provisions of the Vienna Sales Convention are not applicable. The provisions of other international arrangements regarding the purchase of the SOFTWARE PRODUCT, the operation of which can be excluded by the parties, are not applicable either.
All disputes belonging to the competence of the courts shall be settled by the court at Arnhem.
Version 15 July 2013